Abstract of the General Sales and Delivery Conditions
of Fireplace Kft. Hungary company
Prices and terms of payment
At the time of the order receipt our current price list is standard.
Payments are due net within 30 days from the invoice date. In the case of payment within 10 days from the invoice date the customer may lay a claim to a discount of 2 %. We calculate the payment traffic terms from the discount terms. Delayed discount deductions will not be acknowledged. Bills of exchange will not be accepted. After maturity a maturity interest of 3 % will be charged over the discount rate of the German Bundesbank.
The customer can enforce the retention or charging right only for counter-claims acknowledged by us or considered as legally binding.
Delivery – Delivery times
The dispatch mode will be specified according to our considerations.
The delivery times and the delivery terms will be elongated by the period of time, by which the fulfilment of the customer’s liabilities is delayed. In cases of force major this terms will be elongated for the period of hindrance. The same applies for the case of strike, exclusion, blockade, prohibition of import and export, traffic closures, lack of energy and raw material independently it occurs at us or at an pre-supplier of us.
In case of delay in delivery the customer is entitled to retract from the contract, ensuring previously a reasonable extended time limit of 4 weeks at least in writing for us with the statement that he will refuse the acceptance of the delivery after expiration of this term.
Claims for damage compensation are excluded being legally permitted.
The risks are transferred to the customer at the acceptance of the goods and undersigning the documents accompanying the goods or at the digital hand-terminal.
The customer has to inspect the goods forthwith after acceptance. The apparent deficiencies (also missing of the specified features) and the obvious transport damages must immediately be reported to the forwarder on the delivery documents and at the digital hand-terminal, respectively. The latent transport damages must be reported in writing within 6 calendar days. If the customer fails to report this, then the goods are considered as free of damage. After determining the deficiency the delivered goods my not be used any longer, except for having the approval of the manufacturer in writing. No warranty will be undertaken for damages resulting from unworkmanlike handling, assembly or commissioning carried out by the customer or a third-party. If damage attributable to us exists, then we provide guarantee depending on our choice by means of after repairs or a substitute delivery. If we are not ready, not in the position to fulfil this or two attempts for liquidation of the deficiency / delivery of spare parts at least are misfired, then the customer is entitled according to his choice to retract from the contract. Legal reasons are excluded, we do not provide any warranty especially for damages occurring not in the delivered goods.
Reservation of the proprietorship right
We reserve the proprietorship right of all goods delivered by us until all liabilities of the customer resulting from the business relationship – especially also from a current account balance – are fulfilled; in case of cash payment by means of cheque or bill of exchange until the draw of cheque or the bill of exchange. In this case all orders are considered as a unified business settling. The customer in not entitled to mortgage or to assign the goods as a security. Mortgage by a third-party must immediately be reported to us by the customer submitting a copy of the mortgage protocol.
Processing or working of the delivered goods by the customer or by his commissioner will be carried out according to § 950. of Civil Code to our profit. The parties do herewith agree that the unlimited proprietorship right of the processed or worked goods is assigned us and we obtain the co-ownership of the goods pertaining to the customer according to §§ 947., 948. of the Civil Code.
For the case of a further alienation of the goods being in our proprietorship the claim of the customer for purchase price against his recipients herewith will be transferred to us for security purposes until all liabilities are fulfilled without the need of a special statement concerning this. If this is required then the customer is liable to give his statement about the alienation in a special deed and to specify his debtors. If the value of the security provided to us exceeds the goods claim by more than 20 %, then at the request of the customer we are liable to transfer back the claims to the customer to the extent of the added value. The customer is entitled to collect the transferred debts as far as he has fulfilled his obligations against us. In case of suspension of payment or initiating of insolvency proceedings the customer is no longer entitled to collect the alienated claims. The customer is liable to provide us information on request on the stock and the extents of the debts alienated to us according to the conditions mentioned above and the person of the debtors and let us get an insight into the concerned accounts. In case of a delayed payment the customer, on request, is liable to provide us information on the stock of the goods being in our proprietorship within 3 days and to ensure that these goods will not be further processed or alienated. After all claims are settled the proprietorship right will be transferred to the customer. At the same time the claims resulting from the extended time of proprietorship right reservation will be transferred back to the customer. If payments directly for us are fulfilled by the recipients of the customer after statement of the alienation, then the payments exceeding the covering of our claims will be fulfilled for the customer. The customer is liable to insure the goods against thievery and fire until the full payment of our goods claims.